432-00761 (Foreign affairs)

Canada has a special relationship with Hong Kong that is rooted in a shared history and extensive commercial, institutional and people-to-people ties.

(1) The maintenance of Hong Kong’s high degree of autonomy, as outlined in the Sino-British Joint Declaration, is a high priority for the Government of Canada. Canada has stated on several occasions, through public declarations and private conversations with the Government of China, that the imposition of the National Security Law on Hong Kong lies in direct conflict with China’s international obligations under the legally-binding, UN-registered Sino-British Joint Declaration. Through the Joint Declaration, Hong Kong is guaranteed that fundamental rights and freedoms will be ensured by law.

The National Security Law was enacted in a secretive process, without the inclusive participation of Hong Kong’s legislature, judiciary or electorate, and in violation of China’s international obligations. The National Security Law also raises the prospect of prosecution in Hong Kong for political crimes, and undermines the One Country, Two Systems framework and existing commitments to protect the rights of the people of Hong Kong. Canada believes this law will undermine the confidence of the people of Hong Kong and of the international community and exacerbate tensions in the Hong Kong Special Administrative Region. With an estimated 300,000 Canadians living in Hong Kong, Canada has a strong interest in supporting Hong Kong’s relative autonomy and basic freedoms, which serve to underpin the territory’s continued stability and prosperity.

Following the imposition of the National Security Law on Hong Kong in June 2020, Canada updated the travel advice for Hong Kong in order to advise Canadians of the potential impacts of the National Security Law. Canadians travelling to Hong Kong are advised that activities considered as national security violations are broadly and vaguely defined. These could include activities that are not considered illegal in Canada and that occurred outside of Hong Kong. With the imposition of the National Security Law, there is a risk of being arbitrarily detained on national security grounds, even while one is transiting through Hong Kong.

The Government of Canada is also concerned by the recent passage of a new law in Hong Kong that could impact movement rights in the Special Administrative Region. The right to leave Hong Kong is guaranteed under the Basic Law and should be upheld. The Government is monitoring the situation closely, and will continue to work with international partners to ensure that fundamental rights and freedoms are respected.

(5) Canada has worked with international partners to support the fundamental rights and freedoms of Hong Kong residents and Hong Kong’s high degree of autonomy under the Basic Law and the One Country, Two Systems framework. Canada has joined the international community in reiterating its serious concern at the imposition of the National Security Law for Hong Kong by the Standing Committee of the National People’s Congress of China. In advance of the imposition of the law, Canada, Australia and the United Kingdom issued a joint statement on May 22, 2020, expressing deep concern over proposals to introduce national security legislation in Hong Kong. Another statement was issued with Australia, the United Kingdom and the United States on May 28, 2020, reiterating concerns over the anticipated introduction of the National Security Law. On June 17, 2020, Canada joined its G7 partners to release a joint statement urging China to reconsider its decision.

On November 18, 2020, Canada, Australia, New Zealand, the United Kingdom and the United States reiterated our serious concerns regarding China’s imposition of new rules to disqualify elected legislators in Hong Kong amid a concerted campaign to silence all critical voices following the postponement of the Legislative Council elections, the imposition of charges against a number of elected legislators, and actions to undermine the freedom of Hong Kong’s vibrant media.

On January 9, 2021, Canada joined Australia, the United Kingdom and the United States to condemn the mass arrests of 55 lawmakers under the NSL, including opposition figures, pro-democracy campaigners, human rights lawyers and academics and candidates from the primaries in clearly stating that the National Security Law is being used to eliminate dissent and opposing political views.

Following the adoption by the National People’s Congress of a package of changes to the electoral system in Hong Kong, the G7 Foreign Ministers of Canada, France, Germany, Italy, Japan, the United Kingdom, the United States and the High Representative of the European Union, released a joint statement on March 12 expressing our grave concerns at the Chinese authorities’ decision. The joint statement made it clear such a decision strongly indicates that the authorities in mainland China are determined to eliminate dissenting voices and opinions in Hong Kong, while also stifling political pluralism, contrary to the aim of moving towards universal suffrage as set out in the Basic Law.

Canada remains committed to working with international partners to ensure that the free, stable and prosperous nature of Hong Kong is maintained. The Government of Canada closely monitors the situation in Hong Kong and raises concerns publicly and privately with officials as needed, including on issues involving the rights of dual nationals living in Hong Kong. The Nationality Law of the People’s Republic of China applies in the Hong Kong Special Administrative Region. Under this law, dual nationality is not legally recognized in Hong Kong. Global Affairs Canada has updated the dual nationality section of the department’s Travel Advice and Advisories (TAA) webpage to reflect Hong Kong’s enforcement of this law. Since local authorities may refuse to grant consular access to detained individuals who declare themselves as Chinese nationals, we strongly recommend that Canadians present themselves as Canadian to authorities at all times. Canada continues to monitor developments and proactively inform Canadian nationals of their rights.

Support for human rights and the rule of law, both at home and abroad, remains a priority and Canada continues to closely monitor the situation in Hong Kong, and will take further action when necessary.

Canada shares many ties with the people of Hong Kong and is concerned with the deteriorating human rights situation there. We will continue to support the connections between Canada and Hong Kong, and stand up to the abuse of human rights everywhere, including the people of Hong Kong.

Canada has longstanding and extensive pathways that Hong Kong residents can use to come to Canada either temporarily or permanently. This includes a family reunification program which is targeting to grant permanent resident status to 103,500 individuals from all over the globe in 2021. The program allows for the sponsorship of spouses, common-law partners, conjugal partners, dependent children including adopted children, parents, grandparents, or orphaned relatives under the age of 18. To help further facilitate reunification with family members abroad, Canada also offers opportunities for temporary resident status, including the ability of parents and grandparents of Canadian citizens and permanent residents to apply for the Parents and Grandparents Super Visa, which is valid for up to 10 years and allows extended stays of up to two years at a time. The Government of Canada also encourages all permanent residents, including family members of Canadians, to become Canadian citizens and to become active in their communities, to ensure they benefit from all the privileges of being a full member in Canadian society.

In November 2020, the Government of Canada introduced a new temporary residence initiative for Hong Kong youth that provides open work permits of up to three (3) years to those who have completed a degree or diploma (program of two years or more) from a designated Canadian post-secondary institution in the last five (5) years, or the equivalent credential from a learning institution abroad. Applications for the new open work permit opened on February 8, 2021. Individuals with these open work permits who would like to permanently remain in Canada may apply for permanent residency after only one year of working in Canada.   

The Government of Canada is also creating two new streamlined pathways to permanent residence, which will be available later this year. The first will target those from Hong Kong who have gained a minimum of 1 year of authorized work experience in Canada and meet other criteria such as minimum language and education levels. The second pathway will allow those who have graduated from a post-secondary institution in Canada to apply directly for permanent residence. As with all permanent residents, individuals who may come through these new pathways for people for Hong Kong will be encouraged and supported to become Canadian citizens.

The Department has also implemented a number of new measures to promote and facilitate our existing immigration programs for Hong Kong residents. IRCC has shifted work to ensure there are sufficient resources dedicated to further speed up processing of Hong Kong permanent residence applications, including for family sponsorship, where travel is permitted under current COVID-19 restrictions, or where the applicant is already in Canada. Canada is also increasing efforts to attract Hong Kong youth to Canada, including through International Experience Canada, by prioritizing Hong Kong applicants and promoting the program in Hong Kong.

Taken together, these measures represent a significant expansion of the opportunities for Hong Kong residents to come to Canada. Canada has opened its doors, as others have done, and these measures are a strong complement to those announced by Canada’s close partners, including the United Kingdom and Australia.

With regard to those fleeing persecution, Canada has a robust asylum system and like all foreign nationals who are in Canada, Hong Kong residents have access to this protection. Individuals who are eligible to make a claim are referred to the Immigration and Refugee Board of Canada (IRB), an independent, administrative tribunal. Board decisions are made by an independent decision-maker in accordance with the law, based on the merits of the specific facts presented in an individual case.

To provide fair and efficient adjudicative justice, the IRB regularly monitors and updates country conditions in refugee-producing countries or regions. Refugee claims from Hong Kong before the IRB are currently being actively examined and case management strategies are being utilized to ensure the efficient and timely determination of these claims. Namely, claims from Hong Kong residents have been identified for triage as part of the Board’s Task Force on Less Complex Claims. This means that, based on current conditions, the Board has identified claims made by Hong Kong residents in Canada as suitable to be decided without a hearing or through a short-hearing, if there are only one or two key determinative issues to be resolved. If there are more complicated questions of credibility or identity, then such cases will not be able to be addressed as a less complex claim and will be decided with a regular hearing.

Due to the worsening conditions in Hong Kong that could put some individuals at risk, in November 2020 the Government of Canada also implemented an exemption to the 12-month bar on a pre-removal risk assessment (PRRA) for Hong Kong residents. A PRRA examines the risk an individual may face if they are returned to their home country. Normally, individuals who receive a negative decision on their asylum claim from the IRB or the Federal Court, or on their previous PRRA application, are not eligible to apply for a PRRA for at least 12 months from the date of their decision.  Residents of Hong Kong are exempt from the 12-month bar if their IRB or previous PRRA decision was made between November 13, 2019 and November 12, 2020, inclusive.

In addition to the in-Canada asylum system, Canada offers protection to persecuted people outside of Canada who have fled their country of origin through the Refugee Resettlement Program. In 2019, Canada resettled more than 30,000 refugees and was the world’s top refugee resettlement country for the second year in a row. Refugees having fled persecution in Hong Kong and lacking options to permanently settle elsewhere, can potentially be sponsored by Canadian citizens or permanent residents, or by designated referral partners such as the United Nations Refugee Agency. Canada has also committed to implement a new resettlement stream for human rights defenders, adding 250 resettlement spaces over and above its existing refugee resettlement commitments to the Immigration Levels Plan beginning in 2021. Canada is working with international and Canadian partners to implement the new stream this year. Hong Kong human rights defenders having fled persecution may be eligible for resettlement under this new stream.

The Government of Canada will continue to strengthen and deepen the ties between Canada and Hong Kong. Support for human rights and the rule of law, both at home and abroad, remains a priority and Canada continues to closely monitor the situation in Hong Kong, and will take further action if and when necessary.